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ARTICLE 1

REVISED UNIFORM LAW ON NOTARIAL ACTS

Section 1.

new text begin[358.51] SHORT TITLE.new text end

new text beginSections 358.51 to 358.76 may be cited as the "Revised Uniform Law on Notarial Acts."new text end

Sec. 2.

new text begin[358.52] DEFINITIONS.new text end

new text beginSubdivision 1.new text end

new text beginScope.new text end

new text beginFor purposes of sections 358.51 to 358.76, the terms defined in subdivisions 2 to 16 have the meanings given them.new text end

new text beginSubd. 2.new text end

new text beginAcknowledgment.new text end

new text begin"Acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.new text end

new text beginSubd. 3.new text end

new text beginElectronic.new text end

new text begin"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.new text end

new text beginSubd. 4.new text end

new text beginElectronic signature.new text end

new text begin"Electronic signature" means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.new text end

new text beginSubd. 5.new text end

new text beginIn a representative capacity.new text end

new text begin(1) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;new text end

new text begin(2) a public officer, personal representative, guardian, or other representative, in the capacity stated in a record;new text end

new text begin(3) an agent or attorney-in-fact for a principal; ornew text end

new text begin(4) an authorized representative of another in any other capacity.new text end

new text beginSubd. 6.new text end

new text beginNotarial act.new text end

new text begin"Notarial act" means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.new text end

new text beginSubd. 7.new text end

new text beginNotarial officer.new text end

new text begin"Notarial officer" means a notary public or other individual authorized to perform a notarial act.new text end

new text beginSubd. 8.new text end

new text beginNotary public.new text end

new text begin"Notary public" means an individual commissioned to perform a notarial act.new text end

new text beginSubd. 9.new text end

new text beginOfficial stamp.new text end

new text begin"Official stamp" means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record.new text end

new text beginSubd. 10.new text end

new text beginPerson.new text end

new text begin"Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.new text end

new text beginSubd. 11.new text end

new text beginRecord.new text end

new text begin"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.new text end

new text beginSubd. 12.new text end

new text beginSign.new text end

new text begin"Sign" means, with present intent to authenticate or adopt a record:new text end

new text begin(1) to execute or adopt a tangible symbol; ornew text end

new text begin(2) to attach to or logically associate with the record an electronic symbol, sound, or process.new text end

new text beginSubd. 13.new text end

new text beginSignature.new text end

new text begin"Signature" means a tangible symbol or an electronic signature that evidences the signing of a record.new text end

new text beginSubd. 14.new text end

new text beginStamping device.new text end

new text begin"Stamping device" means:new text end

new text begin(1) a physical device capable of affixing to a tangible record an official stamp; ornew text end

new text begin(2) an electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.new text end

new text beginSubd. 15.new text end

new text beginState.new text end

new text begin"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.new text end

new text beginSubd. 16.new text end

new text beginVerification on oath or affirmation.new text end

new text begin"Verification on oath or affirmation" means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.new text end

Sec. 3.

new text begin[358.53] APPLICABILITY.new text end

new text beginSections 358.51 to 358.76 apply to a notarial act performed on or after January 1, 2019.new text end

Sec. 4.

new text begin[358.54] AUTHORITY TO PERFORM NOTARIAL ACT.new text end

new text beginSubdivision 1.new text end

new text beginSource.new text end

new text beginA notarial officer may perform a notarial act authorized by sections 358.51 to 358.76, 359.04, and other law.new text end

new text beginSubd. 2.new text end

new text beginLimitation.new text end

new text beginA notarial officer may not perform a notarial act with respect to a record to which the officer or the officer's spouse is a party, or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subdivision is voidable.new text end

Sec. 5.

new text begin[358.55] REQUIREMENTS FOR CERTAIN NOTARIAL ACTS.new text end

new text beginSubdivision 1.new text end

new text beginAcknowledgments.new text end

new text beginA notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual as set forth in section 358.57, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.new text end

new text beginSubd. 2.new text end

new text beginVerifications.new text end

new text beginA notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.new text end

new text beginSubd. 3.new text end

new text beginSignatures.new text end

new text beginA notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.new text end

new text beginSubd. 4.new text end

new text beginCopies.new text end

new text beginA notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.new text end

new text beginSubd. 5.new text end

new text beginProtests.new text end

new text beginA notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 336.3-505, paragraph (b).new text end

Sec. 6.

new text begin[358.56] PERSONAL APPEARANCE REQUIRED.new text end

new text beginExcept as otherwise provided in section 358.645, if a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.new text end

Sec. 7.

new text begin[358.57] IDENTIFICATION OF INDIVIDUAL.new text end

new text beginSubdivision 1.new text end

new text beginPersonal knowledge.new text end

new text beginA notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.new text end

new text beginSubd. 2.new text end

new text beginIdentification.new text end

new text beginA notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:new text end

new text begin(1) by means of:new text end

new text begin(i) a passport, driver's license, or government-issued nondriver identification card that is currently valid; ornew text end

new text begin(ii) another form of government identification issued to an individual that is currently valid, contains the individual's signature or a photograph of the individual, and is satisfactory to the officer; ornew text end

new text begin(2) by a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver's license, or government-issued nondriver identification card that is current or expired not more than three years before performance of the notarial act.new text end

new text beginSubd. 3.new text end

new text beginAdditional information or credentials.new text end

new text beginA notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.new text end

Sec. 8.

new text begin[358.58] AUTHORITY TO REFUSE TO PERFORM NOTARIAL ACT.new text end

new text beginSubdivision 1.new text end

new text beginSpecific grounds.new text end

new text beginA notarial officer may refuse to perform a notarial act if the officer is not satisfied that:new text end

new text begin(1) the individual executing the record is competent or has the capacity to execute the record; ornew text end

new text begin(2) the individual's signature is knowingly and voluntarily made.new text end

new text beginSubd. 2.new text end

new text beginGeneral limitation.new text end

new text beginA notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than sections 358.51 to 358.76.new text end

Sec. 9.

new text begin[358.59] SIGNATURE IF INDIVIDUAL UNABLE TO SIGN.new text end

new text beginIf an individual is physically unable to sign a record, the individual's signature may be obtained in the manner provided in section 645.44, subdivision 14.new text end

Sec. 10.

new text begin[358.60] NOTARIAL ACT IN THIS STATE.new text end

new text beginSubdivision 1.new text end

new text beginAuthorized persons.new text end

new text beginA notarial act may be performed in this state by:new text end

new text begin(1) a notary public of this state;new text end

new text begin(2) a judge, clerk, or deputy clerk of a court of this state; ornew text end

new text begin(3) any other individual authorized to perform the specific act by the law of this state.new text end

new text beginSubd. 2.new text end

new text beginSignificance of signature and title.new text end

new text beginThe signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.new text end

new text beginSubd. 3.new text end

new text beginAuthority of officer established.new text end

new text beginThe signature and title of a notarial officer described in subdivision 1, clause (1) or (2), conclusively establish the authority of the officer to perform the notarial act.new text end

Sec. 11.

new text begin[358.61] NOTARIAL ACT IN ANOTHER STATE.new text end

new text beginSubdivision 1.new text end

new text beginEffect.new text end

new text beginA notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:new text end

new text begin(1) a notary public of that state;new text end

new text begin(2) a judge, clerk, or deputy clerk of a court of that state; ornew text end

new text begin(3) any other individual authorized by the law of that state to perform the notarial act.new text end

new text beginSubd. 2.new text end

new text beginSignificance of signature and title.new text end

new text beginThe signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.new text end

new text beginSubd. 3.new text end

new text beginAuthority of officer established.new text end

new text beginThe signature and title of a notarial officer described in subdivision 1, clause (1) or (2), conclusively establish the authority of the officer to perform the notarial act.new text end

Sec. 12.

new text begin[358.62] NOTARIAL ACT UNDER AUTHORITY OF FEDERALLY RECOGNIZED TRIBE.new text end

new text beginSubdivision 1.new text end

new text beginEffect.new text end

new text beginA notarial act performed under the authority and in the jurisdiction of a federally recognized tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of that tribe or nation is performed by:new text end

new text begin(1) a notary public of that tribe;new text end

new text begin(2) a judge, clerk, or deputy clerk of a court of that tribe; ornew text end

new text begin(3) any other individual authorized by the law of that tribe to perform the notarial act.new text end

new text beginSubd. 2.new text end

new text beginSignificance of signature and title.new text end

new text beginThe signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.new text end

new text beginSubd. 3.new text end

new text beginAuthority of officer established.new text end

new text beginThe signature and title of a notarial officer described in subdivision 1, clause (1) or (2), conclusively establish the authority of the officer to perform the notarial act.new text end

Sec. 13.

new text begin[358.63] NOTARIAL ACT UNDER FEDERAL AUTHORITY.new text end

new text beginSubdivision 1.new text end

new text beginEffect.new text end

new text beginA notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:new text end

new text begin(1) a judge, clerk, or deputy clerk of a court;new text end

new text begin(2) an individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;new text end

new text begin(3) an individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; ornew text end

new text begin(4) any other individual authorized by federal law to perform the notarial act.new text end

new text beginSubd. 2.new text end

new text beginSignificance of signature and title.new text end

new text beginThe signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.new text end

new text beginSubd. 3.new text end

new text beginAuthority of officer established.new text end

new text beginThe signature and title of an officer described in subdivision 1, clause (1), (2), or (3), conclusively establish the authority of the officer to perform the notarial act.new text end

Sec. 14.

new text begin[358.64] FOREIGN NOTARIAL ACT.new text end

new text beginSubdivision 1.new text end

new text beginDefinition.new text end

new text beginIn this section, "foreign state" means a government other than the United States, a state, or a federally recognized tribe.new text end

new text beginSubd. 2.new text end

new text beginEffect.new text end

new text beginIf a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.new text end

new text beginSubd. 3.new text end

new text beginAuthority of officer established.new text end

new text beginIf the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.new text end

new text beginSubd. 4.new text end

new text beginSignificance of signature and official stamp.new text end

new text beginThe signature and official stamp of an individual holding an office described in subdivision 3 are prima facie evidence that the signature is genuine and the individual holds the designated title.new text end

new text beginSubd. 5.new text end

new text beginSignificance of apostille.new text end

new text beginAn apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.new text end

new text beginSubd. 6.new text end

new text beginSignificance of consular authentication.new text end

new text beginA consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.new text end

Sec. 15.

new text begin[358.645] REMOTE ONLINE NOTARY PUBLIC.new text end

new text beginSubdivision 1.new text end

new text beginDefinitions.new text end

new text begin(a) For purposes of this section, the terms defined in this subdivision have the meanings given them.new text end

new text begin(1) being in the same physical location as another person and close enough to see, hear, communicate with, and exchange tangible identification credentials with that individual; ornew text end

new text begin(2) interacting with another individual by means of communication technology as defined in this section.new text end

new text begin(c) "Communication technology" means an electronic device or process that allows a notary public physically located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound and that, as necessary, makes reasonable accommodation for individuals with vision, hearing, or speech impairments.new text end

new text begin(d) "Credential analysis" means an automated software- or hardware-based process or service through which a third person affirms the validity of a government-issued identification credential through review of public or proprietary data sources.new text end

new text begin(e) "Electronic journal" means a secure electronic record of notarial acts that contains the items listed in and required by subdivision 4, paragraph (a), and performed by the remote online notary public.new text end

new text begin(g) "Electronic seal" means information within a notarized electronic record that confirms the remote online notary public's name, jurisdiction, identifying number, and commission expiration date and generally corresponds to information in notary seals used on paper documents.new text end

new text begin(h) "Identity proofing" means a process or service through which a third person affirms the identity of an individual through review of personal information from public or proprietary data sources, and that may include dynamic knowledge-based authentication or biometric verification.new text end

new text begin(i) "Outside the United States" means outside the geographic boundaries of a state or commonwealth of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.new text end

new text begin(j) "Principal" means an individual:new text end

new text begin(1) whose electronic signature is notarized in a remote online notarization; ornew text end

new text begin(2) making an oath or affirmation or an acknowledgment other than in the capacity of a witness for the remote online notarization.new text end

new text begin(k) "Remote online notarial certificate" is the form of an acknowledgment, jurat, verification on oath or affirmation, or verification of witness or attestation that is completed by a remote online notary public and:new text end

new text begin(2) contains other required information concerning the date and place of the remote online notarization;new text end

new text begin(3) otherwise conforms to the requirements for an acknowledgment, jurat, verification on oath or affirmation, or verification of witness or attestation under the laws of this state; andnew text end

new text begin(4) indicates that the person making the acknowledgment, oath, or affirmation appeared remotely online.new text end

new text begin(l) "Remote online notarization" or "remote online notarial act" means a notarial act performed by means of communication technology as defined in this section.new text end

new text begin(m) "Remote online notary public" means a notary public who has registered with the secretary of state to perform remote online notarizations.new text end

new text begin(n) "Remote presentation" means transmission to the remote online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the remote online notary public to:new text end

new text begin(o) "Remotely located individual" means an individual who is not in the physical presence of the notary.new text end

new text beginSubd. 2.new text end

new text beginQualifications; registration required.new text end

new text begin(a) A remote online notary public:new text end

new text begin(1) is a notary public for purposes of chapter 359 and is subject to and must be appointed and commissioned under that chapter;new text end

new text begin(2) may perform notarial acts as provided by this chapter and chapter 359 in addition to performing remote online notarizations; andnew text end

new text begin(3) may perform remote online notarizations authorized under this section.new text end

new text begin(b) A notary public commissioned in this state may apply for remote online notarization registration according to this section. Before a notary performs a remote online notarization, the notary must register with the secretary of state according to section 359.01, subdivision 5, and must certify that the notary intends to use communication technology that conforms to this section.new text end

new text begin(c) Unless terminated under this section, the term of registration to perform remote online notarial acts begins on the registration starting date set by the secretary of state and continues as long as the notary public's current commission to perform notarial acts remains valid.new text end

new text begin(d) Upon the applicant's fulfillment of the requirements for remote online notarization registration under this section, the secretary of state shall record the registration under the applicant's notary public commission number.new text end

new text begin(e) The secretary of state may reject a registration application if the applicant fails to comply with paragraphs (a) to (d). The commissioner of commerce may revoke a registration if the applicant fails to comply with subdivisions 2 to 6.new text end

new text beginSubd. 3.new text end

new text begin(a) A remote online notary public may perform a remote online notarial act authorized under this section only while the remote online notary public is physically located in this state. A remote online notary public physically located in this state may perform a remote online notarial act using communication technology as defined in this section for a remotely located individual who is physically located:new text end

new text begin(1) in this state;new text end

new text begin(2) outside this state, but within the United States; ornew text end

new text begin(3) outside the United States if:new text end

new text begin(i) the remote online notary public has no actual knowledge of the remote online notarial act being prohibited in the jurisdiction in which the person is physically located; andnew text end

new text begin(ii) the person placing an electronic signature on the electronic document confirms to the remote online notary public that the requested remote online notarial act and the electronic document:new text end

new text begin(A) are part of or pertain to a matter that is to be filed with or is currently before a court, governmental entity, or other entity in the United States;new text end

new text begin(B) relate to property located in the United States; ornew text end

new text begin(C) relate to a transaction substantially connected to the United States.new text end

new text begin(b) The validity of a remote online notarization performed by an online notary public of this state according to this chapter shall be governed by the laws of this state.new text end

new text begin(c) A remote online notary public or the remote online notary public's employer may charge a fee not to exceed $25 for the performance of a remote online notarial act.new text end

new text beginSubd. 4.new text end

new text beginElectronic journal of remote online notarizations.new text end

new text begin(a) A remote online notary public shall keep one or more secure electronic journals of notarial acts performed by the remote online notary public. An electronic journal must contain for each remote online notarization:new text end

new text begin(1) the date and time of the notarization;new text end

new text begin(2) the type of notarial act;new text end

new text begin(3) the type, the title, or a description of the electronic document or proceeding;new text end

new text begin(4) the printed name and address of each principal involved in the transaction or proceeding;new text end

new text begin(5) evidence of identity of each principal involved in the transaction or proceeding in the form of:new text end

new text begin(i) a statement that the person is personally known to the remote online notary public;new text end

new text begin(ii) a notation of the type of identification document provided to the remote online notary public; ornew text end

new text begin(iii) the following:new text end

new text begin(A) the printed name and address of each credible witness swearing to or affirming the person's identity; andnew text end

new text begin(B) for each credible witness not personally known to the remote online notary public, a description of the type of identification documents provided to the remote online notary public; andnew text end

new text begin(6) the fee, if any, charged for the notarization.new text end

new text begin(b) The remote online notary public shall create an audio and video copy of the performance of the notarial act.new text end

new text begin(c) The remote online notary public shall take reasonable steps to:new text end

new text begin(1) ensure the integrity, security, and authenticity of remote online notarizations;new text end

new text begin(2) maintain a backup for the electronic journal required by paragraph (a) and the recordings required by paragraph (b); andnew text end

new text begin(3) protect the records and backup record in this subdivision from unauthorized access or use.new text end

new text begin(d) The electronic journal required by paragraph (a) and the recordings required by paragraph (b) shall be maintained for at least ten years after the date of the transaction or proceeding. The remote online notary public may, by written agreement, designate as a repository of the recording and the electronic journal:new text end

new text begin(1) the employer of the remote online notary public if evidenced by a record signed by the remote online notary public and the employer in which the employer agrees to meet the applicable requirements of this paragraph and paragraph (c); ornew text end

new text begin(2) another repository meeting the applicable requirements of this paragraph and paragraph (c).new text end

new text beginSubd. 5.new text end

new text beginIdentity proofing; minimum standards.new text end

new text beginA remote online notarial act performed under this section shall comply with the following minimum standards:new text end

new text begin(1) Identity proofing shall include knowledge-based authentication with these or greater security characteristics:new text end

new text begin(i) The signer must be presented with five or more questions with a minimum of five possible answer choices per question.new text end

new text begin(ii) Each question must be drawn from a third-party provider of public and proprietary data sources and be identifiable to the signer's social security number or other identification information, or the signer's identity and historical events records.new text end

new text begin(iii) Responses to all questions must be made within a two-minute time constraint.new text end

new text begin(iv) The signer must answer a minimum of 80 percent of the questions correctly.new text end

new text begin(v) The signer may be offered an additional attempt in the event of a failed first attempt.new text end

new text begin(vi) During the second attempt, the signer may not be presented with more than three questions from the prior attempt.new text end

new text begin(2) Credential analysis must confirm that the credential is valid and matches the signer's claimed identity using one or more automated software or hardware processes that scan the credential, including its format features, data, bar codes, or other security elements.new text end

new text beginSubd. 6.new text end

new text beginUse of electronic journal and seal.new text end

new text begin(a) A remote online notary public shall keep the remote online notary public's electronic journal and electronic seal secure and under the remote online notary public's exclusive control, which may be done by password-controlled access. The remote online notary public may, by agreement, use a software platform or service provider to facilitate provision of remote online notarizations and maintenance of and access to records, but may not allow another person to use the remote online notary public's electronic journal or electronic seal to perform notarial acts or for any unauthorized purpose.new text end

new text begin(b) A remote online notary public shall attach the remote online notary public's electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident.new text end

new text begin(c) A remote online notary public shall immediately notify an appropriate law enforcement agency and the commissioner of commerce of the theft or vandalism of the remote online notary public's electronic journal, electronic signature, or electronic seal. A remote online notary public shall immediately notify the commissioner of commerce of the loss or use by another person of the remote online notary public's electronic journal or electronic seal.new text end

new text beginSubd. 7.new text end

new text beginRemote online notarization procedures.new text end

new text begin(a) A remote online notary public may perform a remote online notarization authorized under this section that meets the requirements of this section regardless of whether the principal is physically located in this state at the time of the remote online notarization.new text end

new text begin(b) In performing a remote online notarization, a remote online notary public shall verify the identity of a person creating an electronic signature at the time that the signature is taken by using communication technology as defined by this section. Identity may be verified by:new text end

new text begin(1) the remote online notary public's personal knowledge of the person creating the electronic signature; ornew text end

new text begin(2) all of the following:new text end

new text begin(i) remote presentation by the person creating the electronic signature of a currently valid government-issued identification credential, including a passport or driver's license, that contains the signature and a photograph of the person;new text end

new text begin(ii) credential analysis of the credential described in item (i); andnew text end

new text begin(iii) identity proofing of the person described in item (i).new text end

new text begin(c) The remote online notary public shall take reasonable steps to provide that the communication technology used in a remote online notarization is secure from unauthorized interception.new text end

new text begin(d) The electronic notarial certificate for a remote online notarization must include a notation that the notarization is a remote online notarization.new text end

new text begin(e) A remote online notarial act meeting the requirements of this section satisfies the requirement of any law of this state relating to a notarial act that requires a principal to appear or personally appear before a notary or that the notarial act be performed in the presence of a notary.new text end

new text beginSubd. 8.new text end

new text begin(a) Except as provided by paragraph (b), a remote online notary public whose registration terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the online notary public's official electronic signature or seal. The remote online notary public shall certify compliance with this paragraph to the secretary of state through the secretary of state's online commission record.new text end

new text begin(b) A former remote online notary public whose registration terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described in paragraph (a) if the former remote online notary public is reregistered as a remote online notary public with the same electronic signature and seal within three months after the former remote online notary public's registration terminated.new text end

new text beginSubd. 9.new text end

new text beginWrongful possession of software or hardware; criminal offense.new text end

new text beginA person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling a remote online notary public to affix an official electronic signature or seal commits a misdemeanor.new text end

new text beginSubd. 10.new text end

new text beginConflict.new text end

new text beginIn the event of a conflict between this section and any other law in this state, this section shall prevail.new text end

new text beginSubd. 11.new text end

new text beginCertificate forms.new text end

new text beginIn completing the certificate required to document the performance of the notarial act, the form shall indicate that the person appeared before the notary by means of communication technology if that was the method of the person's appearance before the notary.new text end

new text beginSubd. 12.new text end

new text beginData classification and availability.new text end

new text begin(a) The data collected by a notary public in compliance with this section is not subject to chapter 13, the Government Data Practices Act, but the notary public and the notary public's agent must make a copy of the individual's data included in the electronic journal and the audio-video recording available only to the individual whose signature was notarized or to a guardian, conservator, attorney-in-fact, or personal representative of an incapacitated or deceased individual.new text end

new text begin(b) The individual whose signature was notarized or the individual's guardian, conservator, attorney-in-fact, or personal representative of an incapacitated or deceased individual may consent to the release of the data to a third party.new text end

new text beginSubd. 13.new text end

new text beginCourse of study.new text end

new text beginThe secretary of state shall maintain a list of entities that regularly offer a course of study for a remote online notary public in this state. The course must cover the laws, rules, procedures, and ethics relevant to notarial acts performed under this section.new text end

new text beginSubd. 14.new text end

new text beginCitation.new text end

new text beginThis section may be cited as the "Remote Online Notarization Act."new text end

Sec. 16.

new text begin(a) If a law requires as a condition for recording that a document be an original, be on paper or another tangible medium, be in writing, or be signed, the requirement is satisfied by a paper copy of an electronic document bearing an electronic signature that a notary public has certified to be a true and correct copy of a document that was originally in electronic form and bearing an electronic signature pursuant to paragraph (c).new text end

new text begin(b) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied by a paper copy of an electronic document bearing an electronic signature of the person authorized to perform that act, and all other information required to be included, that a notary public has certified to be a true and correct copy of a document that was originally in electronic form and bearing an electronic signature of the person pursuant to paragraph (c). A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.new text end

new text begin(c) The office of the county recorder or the office of examiner of titles shall record a paper copy of a document that was originally in electronic form and that is otherwise entitled to be recorded under the laws of this state, provided that the paper copy has been certified to be a true and correct copy of the electronic original by a notary public duly commissioned under the laws of this state as evidenced by a certificate attached to or made a part of the document. The certificate must:new text end

new text begin(1) be signed and dated by the notary public, and be signed in the same manner as required by section 359.061.new text end

new text begin(2) identify the jurisdiction in which the certification is performed;new text end

new text begin(3) contain the title of the notary public;new text end

new text begin(4) indicate the date of expiration, if any, of the notary public's commission; andnew text end

new text begin(5) include an official seal or stamp of the notary public affixed to the certificate.new text end

new text begin(d) The following form of certificate is sufficient for the purposes of this section if completed with the information required by paragraph (c):new text end

new text beginState of .new text end

new text begin[County] of .new text end

new text beginI certify that the foregoing and annexed document [entitled ......................... (document title, if applicable, or description)] [dated ................... (document date, if applicable)] and containing .... pages is a true and correct copy of an electronic document bearing one or more electronic signatures this ................ [certification date].new text end

new text begin.new text end

new text beginSignature of notary publicnew text end

new text beginSeal/Stampnew text end

new text begin[.]new text end

new text beginNotary Publicnew text end

new text begin[My commission expires: .]new text end

new text begin[My notary commission number is: .]new text end

new text begin(e) A notary public duly commissioned under the laws of this state has the authority to make the certification provided in this section.new text end

new text begin(f) A notary public making the certification provided in this section shall:new text end

new text begin(1) confirm that the electronic document contains an electronic signature that is capable of independent verification and renders any subsequent changes or modifications to the electronic document evident;new text end

new text begin(2) personally print or supervise the printing of the electronic document onto paper; andnew text end

new text begin(3) not make any changes or modifications to the electronic document other than the certification described in paragraph (c).new text end

new text begin(g) If a certificate is completed with the information required by paragraph (c) and is attached to or made a part of a paper document, the certificate shall be prima facie evidence that the requirements of paragraph (f) have been satisfied with respect to the document.new text end

new text begin(h) A document purporting to convey or encumber real property or any interest in the property that has been recorded by the office of the county recorder or the office of examiner of titles for the jurisdiction in which the real property is located, although the document may not have been certified according to this section, shall give the same notice to third persons and be effective from the time of recording as if the document had been certified according to this section.new text end

new text begin(i) This section does not apply to a plat, map, or survey of real property if under another law of this state or, if under a rule, regulation, or ordinance applicable to the office of the county recorder or the office of examiner of titles:new text end

new text begin(1) there are requirements of format or medium for the execution, creation, or recording of the plat, map, or survey beyond the requirements applicable to a deed to real property; ornew text end

new text begin(2) the plat, map, or survey must be recorded in a different location than a deed to real property.new text end

Sec. 17.

new text begin[358.65] CERTIFICATE OF NOTARIAL ACT.new text end

new text beginSubdivision 1.new text end

new text beginRequired.new text end

new text beginA notarial act must be evidenced by a certificate. The certificate must:new text end

new text begin(1) be executed contemporaneously with the performance of the notarial act;new text end

new text begin(2) be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the commissioning officer or agency;new text end

new text begin(3) identify the jurisdiction in which the notarial act is performed;new text end

new text begin(4) contain the title of office of the notarial officer; andnew text end

new text begin(5) if the officer is a notary public, indicate the date of expiration, if any, of the officer's commission.new text end

new text beginSubd. 2.new text end

new text beginOfficial stamp.new text end

new text beginIf a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subdivision 1, clauses (2), (3), and (4), an official stamp may be affixed to or embossed on the certificate. If the notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subdivision 1, clauses (2), (3), and (4), an official stamp may be attached to or logically associated with the certificate.new text end

new text beginSubd. 3.new text end

new text beginSufficiency.new text end

new text beginA certificate of a notarial act is sufficient if it meets the requirements of subdivisions 1 and 2 and:new text end

new text begin(1) is in a short form set forth in section 358.66;new text end

new text begin(2) is in a form otherwise permitted by the law of this state;new text end

new text begin(3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; ornew text end

new text begin(4) sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in sections 358.55, 358.56, and 358.57 or law of this state other than sections 358.51 to 358.76.new text end

new text beginSubd. 4.new text end

new text beginEffect.new text end

new text beginBy executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in sections 358.54, 358.55, and 358.56.new text end

new text beginSubd. 5.new text end

new text beginWhen signature is affixed.new text end

new text beginA notarial officer may not affix the officer's signature to, or logically associate it with, a certificate until the notarial act has been performed.new text end

new text beginSubd. 6.new text end

new text beginRecords.new text end

new text beginIf a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the commissioning officer or agency has established standards pursuant to section 358.73 for attaching, affixing, or logically associating the certificate, the process must conform to the standards.new text end

Sec. 18.

new text begin[358.66] SHORT FORM CERTIFICATES.new text end

new text begin(a) The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 358.65, subdivisions 1 and 2:new text end

new text begin(1) For an acknowledgment in an individual capacity;new text end

new text beginState of .new text end

new text beginCounty of .new text end

new text beginThis instrument was acknowledged before me on ..........(date) by ....................(name(s) of individual(s)).new text end

new text begin.new text end

new text begin(Signature of notarial officer)new text end

new text begin(Stamp)new text end

new text begin.new text end

new text beginTitle (and Rank)new text end

new text beginMy commission expires: .new text end

new text begin(2) For an acknowledgment in a representative capacity:new text end

new text beginState of .new text end

new text beginCounty of .new text end

new text beginThis instrument was acknowledged before me on ..........(date) by ....................(name(s) of individual(s)) as ........................................(type of authority, e.g., officer, trustee, etc.) of ............................. .................(name of party on behalf of whom the instrument was executed).new text end

new text begin.new text end

new text begin(Signature of notarial officer)new text end

new text begin(Stamp)new text end

new text begin.new text end

new text beginTitle (and Rank)new text end

new text beginMy commission expires: .new text end

new text begin(3) For a verification upon oath or affirmation:new text end

new text beginState of .new text end

new text beginCounty of .new text end

new text beginSigned and sworn to (or affirmed) before me on .........(date) by ...................(name(s) of individual(s) making statement).new text end

new text begin.new text end

new text begin(Signature of notarial officer)new text end

new text begin(Stamp)new text end

new text begin.new text end

new text beginTitle (and Rank)new text end

new text beginMy commission expires: .new text end

new text begin(4) For witnessing or attesting a signature:new text end

new text beginState of .new text end

new text beginCounty of .new text end

new text beginSigned or attested before me on ..........(date) by ....................(name(s) of individual(s)).new text end

new text begin.new text end

new text begin(Signature of notarial officer)new text end

new text begin(Stamp)new text end

new text begin.new text end

new text beginTitle (and Rank)new text end

new text beginMy commission expires: .new text end

new text begin(5) For attestation of a copy of a document:new text end

new text beginState of .new text end

new text beginCounty of .new text end

new text beginI certify that this is a true and correct copy of a document in the possession of .................... .new text end

new text beginDated: .new text end

new text begin.new text end

new text begin(Signature of notarial officer)new text end

new text begin(Stamp)new text end

new text begin.new text end

new text beginTitle (and Rank)new text end

new text beginMy commission expires: .new text end

new text begin(b) For a remote notarization, use of alternate (1) or (2), as appropriate, is sufficient to satisfy the requirements of section 358.645, subdivision 7, paragraph (d):new text end

new text begin(1) For a remote notarization when the signer is located outside the United States:new text end

new text beginThis record was (acknowledged)(signed and sworn to or affirmed)(signed or attested to) by use of communication technology onnew text end

new text begin.new text end

new text beginby .new text end

new text beginDatenew text end

new text beginwho declared that (he)(she)(they) (is)(are) locatednew text end

new text begin(Name(s) of Individual(s))new text end

new text beginin (jurisdiction and location name) and that this record is to be filed with or relates to a matter before a court, governmental entity, public official, or other entity located in the territorial jurisdiction of the United States, or involves property located in the territorial jurisdiction of, or a transaction substantially connected with, the United States.new text end

new text beginOr;new text end

new text begin(2) For a remote notarization when the signer is located in Minnesota or the United States:new text end

new text beginThis record was (acknowledged)(signed and sworn to or affirmed)(signed or attested to) by use of communication technology onnew text end

new text begin.new text end

new text beginby .......................................new text end

new text beginDatenew text end

new text beginwho declared that (he)(she)(they) (is)(are) locatednew text end

new text begin(Name(s) of Individual(s))new text end

new text beginin (jurisdiction and location name).new text end

Sec. 19.

new text begin[358.67] OFFICIAL STAMP.new text end

new text beginThe official stamp of a notary public must:new text end

new text begin(1) satisfy the requirements of section 359.03; andnew text end

new text begin(2) be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.new text end

Sec. 20.

new text begin[358.68] STAMPING DEVICE SECURITY.new text end

new text beginA notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act.new text end

Sec. 21.

new text begin[358.69] PERFORMANCE OF NOTARIAL ACT ON ELECTRONIC RECORD.new text end

new text beginSubdivision 1.new text end

new text beginSelection of technology.new text end

new text begin(a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.new text end

new text begin(b) For purposes of this subdivision, "tamper-evident" means that any changes to an electronic document must display evidence of the change.new text end

new text beginSubd. 2.new text end

new text beginNotification.new text end

new text beginBefore a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall satisfy the requirements of section 359.01, subdivision 5, and shall notify the commissioning officer or agency that the notary public will be performing notarial acts with respect to electronic records.new text end

Sec. 22.

new text begin[358.70] GROUNDS TO DENY, REFUSE TO RENEW, REVOKE, SUSPEND, OR CONDITION COMMISSION OF NOTARY PUBLIC.new text end

new text beginSubdivision 1.new text end

new text beginGenerally.new text end

new text beginThe commissioner of commerce has all the powers provided by section 45.027 and may proceed in the manner provided by that section in actions against a notary public for any act or omission that demonstrates an individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:new text end

new text begin(1) failure to comply with sections 358.51 to 358.76;new text end

new text begin(2) fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the commissioning officer or agency;new text end

new text begin(3) a conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit;new text end

new text begin(4) a finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit;new text end

new text begin(5) failure by the notary public to discharge any duty required of a notarial officer, whether by sections 358.51 to 358.76 or any federal or state law or regulation;new text end

new text begin(6) use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right, or privilege that the notary does not have;new text end

new text begin(7) denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state; ornew text end

new text begin(8) suspension or revocation of a license for the conduct of a profession, occupation, trade, or business of a notary public who is performing notarial acts in connection with the profession, occupation, trade, or business.new text end

new text beginFor purposes of this clause, "license" means a permit, registration, certification, or other form of approval authorized by statute or rule issued by the state or a political subdivision of the state as a condition of doing business, or conducting a trade, profession, or occupation in Minnesota.new text end

new text beginSubd. 2.new text end

new text beginRemoval from office.new text end

new text beginA notary may be removed from office only by the governor, the district court, or the commissioner of commerce.new text end

new text beginSubd. 3.new text end

new text beginNotice and hearing.new text end

new text beginIf the commissioner of commerce denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with chapter 14.new text end

new text beginSubd. 4.new text end

new text beginOther remedies.new text end

new text beginThe authority of the commissioner of commerce to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.new text end

new text beginSubd. 5.new text end

new text beginSurrender of stamp.new text end

new text beginNotwithstanding section 359.03, subdivision 1, upon removal from office by the commissioner of commerce, a notary public shall deliver the notary's official stamp to the commissioner of commerce.new text end

Sec. 23.

new text begin[358.71] DATABASE OF NOTARIES PUBLIC.new text end

new text beginThe secretary of state shall maintain an electronic database of notaries public:new text end

new text begin(1) through which a person may verify the authority of a notary public to perform notarial acts, including notarial acts pursuant to section 358.645; andnew text end

new text begin(2) which indicates whether a notary public has applied to the commissioning officer or agency to perform notarial acts on electronic records or to perform notarial acts pursuant to section 358.645.new text end

Sec. 24.

new text begin[358.72] PROHIBITED ACTS.new text end

new text beginSubdivision 1.new text end

new text beginGenerally.new text end

new text beginA commission as a notary public does not authorize an individual to:new text end

new text begin(2) act as an immigration consultant or an expert on immigration matters;new text end

new text begin(3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; ornew text end

new text begin(4) receive compensation for performing any of the activities listed in this subdivision.new text end

new text beginSubd. 2.new text end

new text beginFalse or deceptive advertising.new text end

new text beginA notary public may not engage in false or deceptive advertising.new text end

new text beginSubd. 3.new text end

new text beginTerms.new text end

new text beginA notary public may not use the term "notario" or "notario publico."new text end

new text beginSubd. 4.new text end

new text beginUnauthorized practice of law.new text end

new text beginA notary public, other than an attorney licensed to practice law in this state, may not advertise that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, digital media, and the Internet, the notary public shall include the following statement, or an alternate statement authorized or required by the commissioning officer or agency, in the advertisement or representation, prominently and in each language used in the advertisement: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities." If the form of advertisement is not broadcast media, print media, or the Internet, and does not permit the inclusion of the statement required by this subdivision because of size, it must be prominently displayed or provided at the place of performance of the notarial act before the notarial act is performed.new text end

new text beginSubd. 5.new text end

new text beginWithholding access to, or possession of, an original record.new text end

new text beginExcept as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.new text end

Sec. 25.

new text begin[358.73] VALIDITY OF NOTARIAL ACTS.new text end

new text beginExcept as otherwise provided in section 358.54, subdivision 2, the failure of a notarial officer to perform a duty or meet a requirement specified in sections 358.51 to 358.76 does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under sections 358.51 to 358.76 does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject the notarial act or from seeking other remedies based on law of this state other than sections 358.51 to 358.76 or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.new text end

Sec. 26.

new text begin[358.74] NOTARY PUBLIC COMMISSION IN EFFECT.new text end

new text beginA commission as a notary public in effect on the effective date of sections 358.51 to 358.76 continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after the effective date of sections 358.51 to 358.76 is subject to and shall comply with sections 358.51 to 358.76. A notary public, in performing notarial acts after the effective date of sections 358.51 to 358.76, shall comply with sections 358.51 to 358.76.new text end

Sec. 27.

new text begin[358.75] SAVINGS CLAUSE.new text end

new text beginSections 358.51 to 358.76 do not affect the validity or effect of a notarial act performed before the effective date of sections 358.51 to 358.76.new text end

Sec. 28.

new text begin[358.76] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.new text end

new text beginSections 358.51 to 358.76 modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, United States Code, title 15, section 7001, et seq., but do not modify, limit, or supersede section 101(c) of that act, United States Code, title 15, section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, United States Code, title 15, section 7003(b).new text end

ARTICLE 2

ADMINISTRATIVE AND CONFORMING CHANGES

Section 1.

(a) No document submitted to the Office of the Secretary of State shall be required to be notarized. Signing a document submitted to the secretary of state constitutes "acknowledgment" as defined in section deleted text begin358.41, clause (2)deleted text endnew text begin 358.52, subdivision 2new text end, and "verification upon oath or affirmation" as defined in section deleted text begin358.41, clause (3)deleted text endnew text begin 358.52, subdivision 3new text end. A person who signs a document submitted to the secretary of state without authority to sign that document or who signs the document knowing that the document is false in any material respect is subject to the penalties of perjury set forth in section 609.48.

(b) Any document submitted to the Office of the Secretary of State online may be signed by any person as agent of any person whose signature is required by law. The signing party must indicate on the application that the person is acting as the agent of the person whose signature would be required and that the person has been authorized to sign on behalf of the applicant. The name of the person signing, entered on the online application, constitutes a valid signature by such an agent.

(c) Any document relating to a filing by a business entity or assumed name, or the filing of a document under chapter 270C, 272, 336, or 336A, submitted to the Office of the Secretary of State on paper may be signed by any person as agent of any person whose signature is required by law. The signing party must indicate on the document that it is acting as the agent of the person whose signature would be required and that it has been authorized to sign on behalf of that person.

Sec. 2.

Subdivision 1.

Certificates.

Unless otherwise provided by law or contract, a certificate issued by a licensed certification authority satisfies the requirement for an acknowledgment pursuant to section deleted text begin358.41deleted text endnew text begin 358.52new text end of a digital signature verified by reference to the public key listed in the certificate, regardless of whether words of an express acknowledgment appear with the digital signature and regardless of whether the signer physically appeared before the certification authority when the digital signature was created, if that digital signature is:

(1) verifiable by that certificate; and

(2) affixed when that certificate was valid.

Sec. 3.

358.116 COURT DOCUMENTS.

Unless specifically required by court rule, a pleading, motion, affidavit, or other document filed with a court of the Minnesota judicial branch, or presented to a judge or judicial officer in support of a request for a court order, warrant, or other relief, is not required to be notarized. Signing a document filed with the court or presented to a judge or judicial officer constitutes "verification upon oath or affirmation" as defined in section deleted text begin358.41, clause (3)deleted text endnew text begin358.52new text end, without administration of an oath under section 358.07, provided that the signature, as defined by court rules, is affixed immediately below a declaration using substantially the following language: "I declare under penalty of perjury that everything I have stated in this document is true and correct." In addition to the signature, the date of signing and the county and state where the document was signed shall be noted on the document. A person who signs knowing that the document is false in any material respect is guilty of perjury under section 609.48, even if the date, county, and state of signing are omitted from the document.

Sec. 4.

Minnesota Statutes 2016, section 358.50, is amended to read:

358.50 EFFECT OF ACKNOWLEDGMENT.

An acknowledgment made in a representative capacity as defined in section deleted text begin358.41, clause (4)deleted text endnew text begin 358.52, subdivision 5new text end, and certified substantially in the form prescribed in this chapter is prima facie evidence that the instrument or electronic record was executed and delivered with proper authority and as the act of the person or entity represented and identified in the instrument or electronic record.

Sec. 5.

Subd. 4.

Application.

The secretary of state shall prepare the application form for a commission. The form may request personal information about the applicant, including, but not limited to, relevant civil litigation, occupational license history, and criminal background, if any. For the purposes of this section, "criminal background" includes, but is not limited to, criminal charges, arrests, indictments, pleas, and convictions.new text begin The form must also include an oath of office statement.new text end

Sec. 6.

Subd. 5.

Registration to perform electronic notarizations.

Before performing electronic notarial acts, a notary public shall register the capability to notarize electronically with the secretary of state. Before performing electronic notarial acts after recommissioning, a notary public shall reregister with the secretary of state. The requirements of this chapter relating to electronic notarial acts do not apply to notarial acts performed under sections 358.15, paragraph (a), clause (4), and deleted text begin358.43, paragraph (a), clause (2)deleted text endnew text begin 358.60, subdivision 1, clause (2)new text end.

Sec. 7.

Minnesota Statutes 2016, section 359.01, is amended by adding a subdivision to read:

new text beginSubd. 6.new text end

new text beginNo immunity or benefit.new text end

new text beginA commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees.new text end

Sec. 8.

Minnesota Statutes 2016, section 359.04, is amended to read:

359.04 POWERS.

Every notary public so appointed, commissioned, and qualified shall have power throughout this state to administer all oaths required or authorized to be administered in this state; to take and certify all depositions to be used in any of the courts of this state; to take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments in writing or electronic records; deleted text beginanddeleted text end to receive, make out, and record notarial protestsnew text begin; and to perform online remote notarial acts in compliance with the requirements of sections 358.645 and 358.646new text end.

Sec. 9.

Subd. 2.

Original signatures required.

(a) Unless otherwise provided by law, an instrument affecting real estate that is to be recorded as provided in this section or other applicable law must contain the original signatures of the parties who execute it and of the notary public or other officer taking an acknowledgment. However, a financing statement that is recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the signatures of the debtor or the secured party; or (2) an acknowledgment. An instrument acknowledged in a representative capacity as defined in section deleted text begin358.41deleted text endnew text begin 358.52new text end on behalf of a corporation, partnership, limited liability company, or trust that is otherwise entitled to be recorded shall be recorded if the acknowledgment made in a representative capacity is substantially in the form prescribed in chapter 358, without further inquiry into the authority of the person making the acknowledgment.

(b) Any electronic instruments, including signatures and seals, affecting real estate may only be recorded in conformance with standards implemented by the Electronic Real Estate Recording Commission created under the Minnesota Real Property Electronic Recording Act, sections 507.0941 to 507.0948. The Electronic Real Estate Recording Commission created under the Minnesota Real Property Electronic Recording Act may adopt or amend standards set by the task force created in Laws 2000, chapter 391, and the Electronic Real Estate Recording Task Force created under Laws 2005, chapter 156, article 2, section 41, and may set new or additional standards to the full extent permitted in section 507.0945. Documents recorded in conformity with the standards created as part of a pilot project for the electronic filing of real estate documents implemented by the task force created in Laws 2000, chapter 391, or by the Electronic Real Estate Recording Task Force created under Laws 2005, chapter 156, article 2, section 41, are deemed to meet the requirements of this section.

Sec. 10.

Minnesota Statutes 2016, section 508.48, is amended to read:

508.48 INSTRUMENTS AFFECTING TITLE FILED WITH REGISTRAR; NOTICE.

(a) Every conveyance, lien, attachment, order, decree, or judgment, or other instrument or proceeding, which would affect the title to unregistered land under existing laws, if recorded, or filed with the county recorder, shall, in like manner, affect the title to registered land if filed and registered with the registrar in the county where the real estate is situated, and shall be notice to all persons from the time of such registering or filing of the interests therein created. Neither the reference in a registered instrument to an unregistered instrument or interest nor the joinder in a registered instrument by a party or parties with no registered interest shall constitute notice, either actual or constructive, of an unregistered interest.

(b) An instrument acknowledged in a representative capacity as defined in section deleted text begin358.41deleted text endnew text begin358.52new text end on behalf of a corporation, partnership, limited liability company, or trust that is otherwise entitled to be recorded shall be recorded if the acknowledgment made in a representative capacity is substantially in the form prescribed in chapter 358, without further inquiry into the authority of the person making the acknowledgment.

Sec. 11.

Minnesota Statutes 2016, section 508A.48, is amended to read:

508A.48 FILED INSTRUMENT AFFECTING TITLE IS NOTICE.

(a) Every conveyance, lien, attachment, order, decree, or judgment, or other instrument or proceeding, which would affect the title to unregistered land under existing laws, if recorded, or filed with the county recorder, shall, in like manner, affect the title to land registered under sections 508A.01 to 508A.85 if filed and registered with the registrar in the county where the real estate is situated, and shall be notice to all persons from the time of the registering or filing of the interests therein created. Neither the reference in a registered instrument to an unregistered instrument or interest nor the joinder in a registered instrument by a party or parties with no registered interest shall constitute notice, either actual or constructive, of an unregistered interest.

(b) An instrument acknowledged in a representative capacity as defined in section deleted text begin358.41deleted text endnew text begin358.52new text end on behalf of a corporation, partnership, limited liability company, or trust that is otherwise entitled to be recorded shall be recorded if the acknowledgment made in a representative capacity is substantially in the form prescribed in chapter 358, without further inquiry into the authority of the person making the acknowledgment.

APPENDIX

Repealed Minnesota Statutes: S0893-1

358.41 DEFINITIONS.

(1) "Notarial act" means any act that a notary public of this state is authorized to perform, and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument. A notary public may perform a notarial act by electronic means.

(2) "Acknowledgment" means a declaration by a person that the person has executed an instrument or electronic record for the purposes stated therein and, if the instrument or electronic record is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.

(3) "Verification upon oath or affirmation" means a declaration that a statement is true made by a person upon oath or affirmation.

(4) "In a representative capacity" means:

(i) for and on behalf of a corporation, partnership, limited liability company, trust, or other entity, as an authorized officer, agent, partner, trustee, or other representative;

(ii) as a public officer, personal representative, guardian, or other representative, in the capacity recited in the instrument;

(iii) as an attorney in fact for a principal; or

(iv) in any other capacity as an authorized representative of another.

(5) "Notarial officer" means a notary public or other officer authorized to perform notarial acts.

(6) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

358.42 NOTARIAL ACTS.

(a) In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument or electronic record.

(b) In taking a verification upon oath or affirmation, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the verification is the person whose true signature is made in the presence of the officer on the statement verified.

(c) In witnessing or attesting a signature the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the officer and named therein. When witnessing or attesting a signature, the officer must be present when the signature is made.

(d) In certifying or attesting a copy of a document, electronic record, or other item, the notarial officer must determine that the proffered copy is a full, true, and accurate transcription or reproduction of that which was copied.

(e) In making or noting a protest of a negotiable instrument or electronic record the notarial officer must determine the matters set forth in section 336.3-505.

(f) A notarial officer has satisfactory evidence that a person is the person whose true signature is on a document or electronic record if that person (i) is personally known to the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness personally known to the notarial officer, or (iii) is identified on the basis of identification documents.

358.43 NOTARIAL ACTS IN THIS STATE.

(a) A notarial act may be performed within this state by the following persons:

(1) a notary public of this state,

(2) a judge, court administrator, or deputy court administrator of any court of this state,

(3) a person authorized by the law of this state to administer oaths, or

(4) any other person authorized to perform the specific act by the law of this state.

(b) Notarial acts performed within this state under federal authority as provided in section 358.45 have the same effect as if performed by a notarial officer of this state.

(c) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

358.44 NOTARIAL ACTS IN OTHER JURISDICTIONS OF THE UNITED STATES.

(a) A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons:

(1) a notary public of that jurisdiction;

(2) a judge, clerk, or deputy clerk of a court of that jurisdiction; or

(3) any other person authorized by the law of that jurisdiction to perform notarial acts.

(b) Notarial acts performed in other jurisdictions of the United States under federal authority as provided in section 358.45 have the same effect as if performed by a notarial officer of this state.

(c) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

(d) The signature and indicated title of an officer listed in subsection (a)(1) or (a)(2) conclusively establish the authority of a holder of that title to perform a notarial act.

358.45 NOTARIAL ACTS UNDER FEDERAL AUTHORITY.

(a) A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed anywhere by any of the following persons under authority granted by the law of the United States:

(1) a judge, clerk, or deputy clerk of a court;

(2) a commissioned officer on active duty in the military service of the United States;

(3) an officer of the foreign service or consular officer of the United States; or

(4) any other person authorized by federal law to perform notarial acts.

(b) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

(c) The signature and indicated title of an officer listed in subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority of a holder of that title to perform a notarial act.

358.46 FOREIGN NOTARIAL ACTS.

(a) A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by any of the following persons:

(1) a notary public or notary;

(2) a judge, clerk, or deputy clerk of a court of record; or

(3) any other person authorized by the law of that jurisdiction to perform notarial acts.

(b) An "Apostille" in the form prescribed by the Hague Convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

(c) A certificate by a foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act set forth in the certificate.

(d) An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.

(e) An official stamp or seal of an officer listed in subsection (a)(1) or (a)(2) is prima facie evidence that a person with the indicated title has authority to perform notarial acts.

(f) If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

358.47 CERTIFICATE OF NOTARIAL ACTS.

(a) A notarial act must be evidenced by a certificate physically or electronically signed and dated by a notarial officer in a manner that attributes such signature to the notary public. The notary's name as it appears on the official notarial stamp and on any jurat or certificate of acknowledgment and in the notary's commission must be identical. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and must include the official notarial stamp, pursuant to section 359.03, except: (1) a plat as described in section 505.021; (2) a registered land survey as described in section 508.47 or 508A.47; or (3) a CIC plat or a supplemental CIC plat as described in chapter 515B shall be recorded regardless of whether a notary stamp was used or was illegible if used, if a certificate of notarial act that includes the jurisdiction of the notarial act, the name and title of the notarial officer, and the date the notary commission expires is printed in pen and ink or typewritten on the plat, the registered land survey, or the CIC plat or supplemental CIC plat. If the officer is a commissioned officer on active duty in the military service of the United States, it must also include the officer's rank.

(b) A certificate of a notarial act is sufficient if it is in English and meets the requirements of subsection (a) and it:

(3) is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or

(4) sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.

(c) By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by section 358.42.

358.48 SHORT FORMS.

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 358.47, subsection (a):

(1) For an acknowledgment in an individual capacity;

State of .

County of .

This instrument was acknowledged before me on ..........(date) by ....................(name(s) of person(s)).

.

(Signature of notarial officer)

(Stamp)

.

Title (and Rank)

My commission expires: .

(2) For an acknowledgment in a representative capacity:

State of .

County of .

This instrument was acknowledged before me on ..........(date) by ....................(name(s) of person(s)) as ........................................(type of authority, e.g., officer, trustee, etc.) of ............................. .................(name of party on behalf of whom the instrument was executed).

.

(Signature of notarial officer)

(Stamp)

.

Title (and Rank)

My commission expires: .

(3) For a verification upon oath or affirmation:

State of .

County of .

Signed and sworn to (or affirmed) before me on .........(date) by ...................(name(s) of person(s) making statement).

.

(Signature of notarial officer)

(Stamp)

.

Title (and Rank)

My commission expires: .

(4) For witnessing or attesting a signature:

State of .

County of .

Signed or attested before me on ..........(date) by ....................(name(s) of person(s)).

.

(Signature of notarial officer)

(Stamp)

.

Title (and Rank)

My commission expires: .

(5) For attestation of a copy of a document:

State of .

County of .

I certify that this is a true and correct copy of a document in the possession of .................... .

Dated: .

.

(Signature of notarial officer)

(Stamp)

.

Title (and Rank)

My commission expires: .

358.49 SHORT TITLE.

Sections 358.41 to 358.49 may be cited as the "Uniform Law on Notarial Acts."

359.12 ADMINISTRATIVE ACTIONS AND PENALTIES.

Every notary who shall charge or receive a fee or reward for any act or service done or rendered as a notary greater than the amount allowed by law, or who dishonestly or unfaithfully discharges duties as notary, or who has pleaded guilty, with or without explicitly admitting guilt, plead nolo contendere, or been convicted of a felony, gross misdemeanor, or misdemeanor involving moral turpitude, is subject to the penalties imposed pursuant to section 45.027. A notary may be removed from office only by the governor, the district court, or the commissioner of commerce. The commissioner of commerce has all the powers provided by section 45.027 and shall proceed in the manner provided by that section in actions against notaries.

Notwithstanding section 359.03, subdivision 1, upon removal from office by the commissioner of commerce, a notary public shall deliver the notary's official notarial stamp to the commissioner of commerce.